Sec. 22a-449. (Formerly Sec. 25-54cc). Duties and powers of commissioner re
sources of potential pollution or damage. Licenses. Regulations. Nonresidential
underground storage tank systems. (a) The Commissioner of Environmental Protection shall, to the extent possible, immediately, whenever there is discharge, spillage,
uncontrolled loss, seepage or filtration of oil or petroleum or chemical liquids or solid,
liquid or gaseous products or hazardous wastes upon any land or into any of the waters
of the state or into any offshore or coastal waters, which may result in pollution of the
waters of the state, damage to beaches, wetlands, stream banks or coastal areas, or
damage to sewers or utility conduits or other public or private property or which may
create an emergency, cause such discharge, spillage, uncontrolled loss, seepage or filtration to be contained and removed or otherwise mitigated by whatever method said commissioner considers best and most expedient under the circumstances. The commissioner shall also (1) determine the person, firm or corporation responsible for causing
such discharge, spillage, uncontrolled loss, seepage or filtration, and (2) send notice, in
writing, to the chief executive officer and the local director of health of the municipality
in which such discharge, spillage, uncontrolled loss, seepage or filtration occurs of such
occurrence. Such notification shall be sent not later than twenty-four hours after the
commissioner becomes aware of the contamination.

(b) The commissioner may: (1) License terminals in the state for the loading or
unloading of oil or petroleum or chemical liquids or solid, liquid or gaseous products
or hazardous wastes and shall adopt, in accordance with chapter 54, reasonable regulations in connection therewith for the purposes of identifying terminals subject to licensure and protecting the public health and safety and for preventing the discharge, spillage, uncontrolled loss, seepage or filtration of oil or petroleum or chemical liquids or
solid, liquid or gaseous products or hazardous wastes. Each license issued under this
section shall be valid for a period of not more than ten years from the date of issuance,
unless sooner revoked by the commissioner, and there shall be charged for each such
license or renewal thereof fees established by regulation sufficient to cover the reasonable cost to the state of inspecting and licensing such terminals; (2) provide by regulations for the establishment and maintenance in operating condition and position of suitable equipment to contain as far as possible the discharge, spillage, uncontrolled loss,
seepage or filtration of any oil or petroleum or chemical liquids or solid, liquid or gaseous
products or hazardous wastes; (3) inspect periodically all hoses, gaskets, tanks, pipelines
and other equipment used in connection with the transfer, transportation or storage of
oil or petroleum or chemical liquids or solid, liquid or gaseous products or hazardous
wastes to make certain that they are in good operating condition, and order the renewal
of any such equipment found unfit for further use. No person shall commence operation
of any such terminal in this state on or after July 1, 1993, without a license issued by
the commissioner. Any person who operates any such terminal without a license issued
by the commissioner shall be fined not more than five thousand dollars per day during
any period of unlicensed operation.

(c) The commissioner may establish such programs and adopt, in accordance with
chapter 54, and enforce such regulations as he deems necessary to carry out the intent
of sections 22a-133a to 22a-133j, inclusive, sections 22a-448 to 22a-454, inclusive, and
Subtitle C of the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et
seq.), as amended from time to time, except that actions pursuant to the state's hazardous
waste program shall be brought under the provisions of sections 22a-131 and 22a-131a.

(d) The Commissioner of Environmental Protection in consultation with the Commissioner of Public Safety may establish by regulations adopted in accordance with the
provisions of chapter 54 standards and criteria for the nonresidential underground storage of oil, petroleum and chemical liquids which may include but not be limited to
standards and criteria for the design, installation, operation, maintenance and monitoring
of facilities for the underground storage and handling of such liquids. The Commissioner
of Environmental Protection may establish such programs and adopt, in accordance
with chapter 54, and enforce such regulations as he deems necessary to carry out the
intent of Subtitle I of the Resource Conservation and Recovery Act of 1976 (42 USC
6901, et seq.), as amended from time to time.

(e) The fee for the inspection of each nonresidential underground storage facility
which, pursuant to regulations adopted pursuant to this section, submits notification to
the commissioner shall be one hundred dollars per tank, provided such fee may not be
charged more than once every five years.

(f) The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to establish (1) requirements for the inspection of nonresidential underground storage tank systems for compliance with the requirements of this chapter, including, but not limited to, the minimum frequency, method
and content of inspections, and maintenance and disclosure of results, (2) a program to
authorize persons to (A) perform inspections, including, but not limited to, education
and training requirements for such persons, and whether or not such persons may be
employed by the owner or operator of the subject nonresidential underground storage
tank system, and (B) determine whether the violations for which a nonresidential underground storage tank system has been taken out of service pursuant to subsection (g) of
this section have been corrected, which regulations may include, but not be limited to,
a prohibition for an owner or operator of any such system from placing such system
back into service pursuant to subsection (g) of this section after the regulations take
effect or additional requirements for an owner or operator of any such system, and (3)
requirements, in addition to the requirements contained in subsection (g) of this section,
relating to the prohibition of deliveries to and the use of nonresidential underground
storage tank systems that are not in compliance with section 22a-449o or with the requirements of this section and any regulations adopted under this section.

(g) (1) If the commissioner determines that there is a release from a nonresidential
underground storage tank system or that such system (A) is not designed, constructed,
installed and operated in accordance with section 22a-449o or regulations adopted pursuant to this section, (B) fails to have or operate proper release detection equipment in
accordance with regulations adopted pursuant to this section, or (C) fails to have or
operate proper overfill and spill protection measures or equipment in accordance with
regulations adopted pursuant to this section, then the commissioner may require the
owner or operator of the nonresidential underground storage tank system to pump out
the contents of its system, and the commissioner may place a notice on a system that is
plainly visible, indicating that the system is not in compliance with the requirements
applicable to nonresidential underground storage tank systems and that such system
cannot be used and deliveries to such system cannot be accepted, or the commissioner
may disable the use of such system by placing a disabling device on the system that
prohibits deliveries to such system. Any action pursuant to this subdivision shall not be
based solely on requirements relating to reporting or recordkeeping. No person shall
make deliveries to any nonresidential underground storage tank system bearing the notice described in this subdivision or on which the commissioner has placed a disabling
device. The owner or operator of such system shall ensure that any such system is not
used for dispensing a product or receiving deliveries while any notice or disabling device
has been placed upon such system. Except as provided in subdivision (3) of this subsection, no person or municipality shall remove, alter, deface or tamper with any notice or
disabling device placed by the commissioner pursuant to this subdivision.

(2) Not later than two business days after placing a notice or disabling device on
a nonresidential underground storage tank system pursuant to subdivision (1) of this
subsection, the commissioner shall provide the owner or operator of the affected underground storage tank system with an opportunity for a hearing. Any such hearing shall
be limited to whether the violation upon which the commissioner took action under
subdivision (1) of this subsection occurred and whether such violation is continuing.

(3) A nonresidential underground storage tank system upon which a notice or disabling device has been placed pursuant to subdivision (1) of this subsection shall not be
put back into service and shall not be used for dispensing a product or receiving deliveries
until the violations that caused the notice or disabling device to be placed have been
corrected to the satisfaction of (A) the commissioner, or (B) a person who, pursuant to
regulations adopted pursuant to subsection (f) of this section, has been authorized by
the commissioner to determine whether such violations have been corrected. The commissioner shall determine whether any applicable violation has been corrected not later
than twenty-four hours after being contacted by the owner or operator of the underground
storage tank system that any such violation has been fully corrected. Notwithstanding the
provisions of this subdivision, until the commissioner authorizes persons to determine
whether violations have been corrected pursuant to regulations adopted pursuant to
subsection (f) of this section, the owner or operator of an underground storage tank
system upon which a notice or a disabling device has been placed by the commissioner
may place such system back into service, where, not later than twenty-four hours after
being contacted by the owner or operator, the commissioner has not determined whether
any applicable violation has been corrected and on the day any such system is returned
to service or the next business day in the event such day is a Saturday, Sunday or legal
holiday, the owner or operator provides the commissioner with a written affidavit fully
describing all actions taken to correct the violations that caused a notice or disabling
device to be placed upon such system and certifying that all such violations were fully
corrected before any such system was returned to service.

(4) Nothing in this subsection shall affect the authority of the commissioner under
any other statute or regulation.

(h) The person submitting a notification of installation for a nonresidential underground storage tank or underground storage tank system pursuant to regulations adopted
pursuant to this section shall submit with such notification a notification fee of one
hundred dollars per tank.

(i) Any moneys collected for the issuance or renewal of a license, pursuant to subsection (b) of this section or regulations adopted pursuant to said subsection, shall be deposited in the General Fund.

History: 1971 acts required water resources commission to act if there is discharge, spillage, seepage, etc. upon land,
where previously only discharge into waters was mentioned and later replaced water resources commission with environmental protection commissioner; 1972 act increased fee for license or renewal of license from $10 to $125; P.A. 79-605
clarified provisions, including references to uncontrolled loss of oil, petroleum or chemical liquids, to hazardous wastes,
to pollution of state waters, wetlands, stream banks, etc., to damage to sewers, utility conduits or other property, and
rephrasing in some cases for clarity and economy of expression, amended Subsec. (b) to replace set license fee with charge
of an amount sufficient to cover state inspection and licensing costs and to delete Subdivs. (4) and (5) which had required
that equipment be available to remove pollutants from waters of state and that companies pay inspection cost and amended
Subsec. (c) to require that regulations be in accordance with chapter 54 and to add reference to federal act; P.A. 81-443
added exception in Subsec. (c) re actions pursuant to hazardous waste program approved in accordance with federal act;
P.A. 82-233 added Subsec. (d) authorizing the commissioner of environmental protection to adopt regulations governing
nonresidential underground storage of oil and chemicals; Sec. 25-54cc transferred to Sec. 22a-449 in 1983; P.A. 83-142
amended Subsec. (d) to authorize monitoring to determine the life expectancy or failure of an underground storage facility;
P.A. 83-587 changed effective date of P.A. 83-142 from October 1, 1983, to May 16, 1983; P.A. 86-28 amended Subsec.
(c) by deleting requirement that actions pursuant to the state's hazardous waste program be approved in accordance with
the Resource Conservation and Recovery Act, and substituted "Subchapter III" for "Subtitle C"; P.A. 86-403 made technical
change changing "Subchapter III" to "Subtitle C"; P.A. 87-561 amended Subsec. (c) to authorize regulations enforcing
Secs. 22a-133a to 22a-133j, inclusive; P.A. 88-119 amended Subsec. (d) by deleting language re monitoring to determine
life expectancy or failure of a facility and substituting provision re adoption of regulations by the commissioner of environmental protection to implement the Resource Conservation and Recovery Act of 1976; P.A. 90-231 amended Subsec. (d)
to require the payment of notification fees by facilities and provided that on and after July 1, 1993, the fees shall be
prescribed by regulations and added Subsec. (e) re inspection fees; P.A. 90-269 added Subsec. (f) re deposits into the
emergency spill response fund; P.A. 90-276 amended Subsec. (a) by adding Subdiv. (2) re notification of a chemical spill;
P.A. 91-369 amended Subsecs. (d) and (e) to restate commissioner's authority to adopt regulations setting the fees required
by this section; P.A. 93-428 amended Subsec. (b) to extend the period of oil terminal licensure from one year to three years
and to increase the per diem fine for failure to obtain such a license from $100 to $5,000, effective July 1, 1993; (Revisor's
note: In 1995 the phrase "emergency spill response fund" was replaced editorially by the Revisors with "emergency spill
response account" to conform section with Sec. 22a-451, as amended by P.A. 94-130); P.A. 95-208 amended Subsec. (f)
to require that moneys collected for issuance or renewal of license be deposited in General Fund, rather than emergency
spill response account, effective July 1, 1995; P.A. 98-140 amended Subsec. (a) to require the commissioner to notify
municipal officials within 24 hours of certain contamination events; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (d)and
(e) to increase notification and inspection fees from $50 to $100 and to delete provisions re amount of fees prescribed by
regulation, effective August 20, 2003; June Sp. Sess. P.A. 05-3 made a technical change in Subsec. (a), amended Subsec.
(d) to delete language re notification fee, redesignated existing Subsec. (f) as Subsec. (i), added new Subsec. (f) re inspections
of nonresidential systems and prohibitions re use of and deliveries to certain nonresidential systems, added Subsec. (g) re
placement of notice of noncompliance or disabling device on a nonresidential system for certain violations, and added
Subsec. (h) re notification fee, effective June 30, 2005; P.A. 06-76 amended Subsec. (b)(1) to replace "three years commencing July first" with "ten years from the date of issuance"; P.A. 07-192 made technical changes in Subsec. (f), effective
July 5, 2007.

(2) The account shall be used by the Commissioner of Environmental Protection
to provide money for reimbursement or payment pursuant to section 22a-449f, to responsible parties or parties supplying goods or services, for costs, expenses and other obligations paid or incurred, as the case may be, as a result of releases, and suspected releases,
costs of investigation and remediation of releases and suspected releases, and for claims
by a person other than a responsible party for bodily injury, property damage and damage
to natural resources that have been finally adjudicated or settled with the prior written
consent of the board. The commissioner may also make payment from the account to
an assignee who is in the business of receiving assignments of amounts approved by the
board, but not yet paid from the account, provided the party making any such assignment,
using a form approved by the commissioner, directs the commissioner to pay such assignee, that no cost of any assignment shall be borne by the account and that the state
and its agencies shall not bear any liability with respect to any such assignment.

(3) Notwithstanding the provisions of this section regarding reimbursements of parties pursuant to section 22a-449f and regulations adopted pursuant to section 22a-449e,
and regardless of when an application for payment or reimbursement from the account
may have been submitted to the board, payment or reimbursement shall be made in
accordance with the following: (A) After June 1, 2004, no payment or reimbursement
shall be made for any costs, expenses and other obligations paid or incurred for remediation, including any monitoring to determine the effectiveness of the remediation, of a
release to levels more stringent than or beyond those specified in the remediation standards established pursuant to section 22a-133k, except to the extent the applicant demonstrates that it has been directed otherwise, in writing, by the commissioner; (B) after
June 1, 2005, no payment or reimbursement from the account shall be made to any
person for diminution in property value or interest, provided that reimbursement for
interest accrued on attorneys' fees may be permitted if an application seeking interest
accrued on attorneys' fees was submitted to the commissioner on or before March 31,
2003, and such application has been tabled by the board for three or more years; and
(C) after June 1, 2005, no payment or reimbursement from the account shall be made
for attorneys' fees or other costs of legal representation paid or incurred as a result of
a release or suspected release (i) in excess of five thousand dollars to any responsible
party, (ii) in excess of ten thousand dollars to any person other than a responsible party,
and (iii) by a responsible party regarding the defense of claims brought by another
person, except that applications for reimbursement filed on or before June 30, 2005,
shall not be subject to the limitations for reimbursement imposed by clauses (i) and (ii) of
this subparagraph. In addition, notwithstanding the provisions of this section regarding
reimbursements of parties pursuant to section 22a-449f, the responsible party shall bear
all costs of the release that are less than ten thousand dollars and all persons shall bear
all costs of the release that are more than one million dollars, except that for any such
release which was reported to the department prior to December 31, 1987, and for which
more than five hundred thousand dollars has been expended by the responsible party to
remediate such release prior to June 19, 1991, the responsible party for the release shall
bear all costs of such release which are less than ten thousand dollars or more than five
million dollars, provided the portion of any reimbursement or payment in excess of
three million dollars may, at the discretion of the commissioner, be made in annual
payments for up to a five-year period. There shall be allocated to the department annually, for administrative costs, two million dollars.

(b) There is established a subaccount within the underground storage tank petroleum clean-up account to be known as the "residential underground heating oil storage
tank system clean-up subaccount" to be used solely for the provision of reimbursements
under sections 22a-449l and 22a-449n, for the remediation of contamination attributed
to residential underground heating oil storage tank systems. The subaccount shall hold
the proceeds of the bond funds allocated pursuant to section 51 of public act 00-167*.

(c) There is established a subaccount within the underground storage tank petroleum
clean-up account to be known as the "pay for performance subaccount" with which
the commissioner may implement a program, in consultation with the board, in which
reimbursement or repayment in accordance with this section is based upon the achievement of environmental milestones or results. The commissioner, with the approval of
the board, may enter into contracts to implement any such program.

(d) (1) If an initial application or request for payment or reimbursement is received
by the board before July 1, 2005, no supplemental application or request for payment
or reimbursement shall be submitted to the board on or after October 1, 2009, regarding
costs, expenses or other obligations paid or incurred in response to the release or suspected release noted in any such initial application or request for payment or reimbursement. The provisions of this subdivision shall apply regardless of whether the cost,
expense or other obligation was paid or incurred before October 1, 2009, and no reimbursement or payment from the account shall be ordered by the board or made by the
commissioner regarding any such supplemental application or request for payment or
reimbursement received by the board on or after the October 1, 2009, deadline established in this subdivision.

(2) If an initial application or request for payment or reimbursement is received by
the board on or after July 1, 2005, no supplemental application or request for payment
or reimbursement shall be submitted to the board more than five years after the date
that the initial application or request for payment or reimbursement was received by the
board, regarding costs, expenses or other obligations paid or incurred in response to the
release or suspected release noted in such initial application or request for payment or
reimbursement. The provisions of this subdivision shall apply regardless of whether a
cost, expense or other obligation was paid or incurred before the expiration of the five-year deadline established in this subdivision and no reimbursement or payment from
the account shall be ordered by the board or made by the commissioner regarding any
such supplemental application or request for payment or reimbursement received by
the board after the five-year deadline established in this subdivision.

(3) Notwithstanding the provisions of subsection (i) of section 22a-449f, if an application or request for payment or reimbursement is not brought before the board for a
decision not later than six months after having been received by the board, then six
months shall be added to the deadline applicable pursuant to subdivision (1) or (2) of this
subsection, provided no more than two years shall be added to the deadline established
pursuant to subdivision (1) or (2) of this subsection regardless of whether one or more
applications or requests for payment or reimbursement have been received by the board
but have not been brought before the board for a decision not later than six months after
receipt. In addition, if the commissioner determines that an application or request for
payment or reimbursement is ready for decision by the board and such application or
request has been placed on the agenda for the meeting of the board, but cannot be brought
before the board because the board is unable to meet or cannot act on such application
or request, the deadlines established pursuant to subdivision (1) or (2) of this subsection
shall also be extended only for that period that the board is unable to meet or is unable
to act on such application or request.

(4) The provisions of this subsection shall not apply to annual groundwater remedial
actions, including the preparation of a groundwater remedial action progress report,
performed pursuant to subdivision (6) of section 22a-449p. Notwithstanding the provisions of this subsection, the board may continue to receive applications or requests for
payment or reimbursement and provided all other requirements have been met, may
order payment or reimbursement from the account for such activities.

(e) (1) Any person who has insurance, or a contract or other agreement to provide
payment or reimbursement for any costs, expense or other obligation paid or incurred
in response to a release or suspected release may submit an application or request seeking
payment or reimbursement from the account to the board, provided any such application
or request for payment or reimbursement shall be subject to all applicable requirements,
including, but not limited to, subdivision (7) of subsection (c) of section 22a-449f.

(2) Any person who at any time receives or expects to receive payment or reimbursement from any source other than the account for any cost, expense, obligation, damage
or injury for which such person has received or has applied for payment or reimbursement from the account, shall notify the board, in writing, of such supplemental or expected payment and shall, not more than thirty days after receiving such supplemental
payment, repay the underground storage tank petroleum clean-up account all such
amounts received from any other source.

(3) If the board determines that a person is seeking or has sought payment or reimbursement for any cost, expense, obligation, damage or injury from the account and that
payment or reimbursement for any such cost, expense, obligation, damage or injury is
actually or potentially available to any such person from any source other than the
account, the board may impose any conditions it deems reasonable regarding any amount
it orders to be paid from the account.

*Note: Section 51 of public act 00-167 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.

History: P.A. 90-181 amended Subsec. (b) to allow payments or reimbursement to parties supplying goods or services,
allowed payments and reimbursements for expenses resulting from suspected releases, authorized payment of costs of
defense of third party claims and costs of investigation and deleted the requirement that the responsible party be responsible
for all costs which are less than $10,000; P.A. 91-254 added the requirement that the responsible party be responsible for
all costs which are less than $10,000, added the provisions concerning releases reported prior to December 31, 1987, and
for which more than $500,000 had been expended and added provisions re funds for administrative costs which are to be
allocated to the department; P.A. 94-130 changed name of fund from "Underground Storage Tank Petroleum Clean-Up
Fund" to "underground storage tank petroleum clean-up account" and eliminated requirement that investment earnings
credited to assets of fund shall become part of the assets of said fund; P.A. 96-132 amended Subsec. (b) to increase the
allocation for administrative costs, effective July 1, 1996; P.A. 97-241 amended Subsec. (b) to increase costs of remediation
to be borne by certain responsible parties under this section and to increase the allocation to the department for administrative
costs, effective June 24, 1997; P.A. 00-201 redesignated existing language in Subsec. (a) as Subsec. (a)(1) and existing
language in Subsec. (b) as Subsec. (a)(2) and added new Subsec. (b) establishing residential underground heating oil storage
tank system clean-up subaccount, effective June 1, 2000; June Sp. Sess. P.A. 01-9 amended Subsec. (a) to add references
to Sec. 22a-449f and increase amount of administrative costs from $1,150,000 to $2,000,000 and amended Subsec. (b) to
add reference to Sec. 22a-449n, effective July 1, 2001; P.A. 02-80 amended Subsec. (a)(2) to raise limit for payments from
account from $3,000,000 to $5,000,000 for costs or expenses incurred in connection with any release reported to the
Department of Environmental Protection prior to December 31, 1987, and for which the responsible party has expended
more than $500,000 for remediation prior to June 19, 1991, and to add proviso that the portion of any reimbursement or
payment in excess of $3,000,000 may, at the discretion of the commissioner, be made in annual payments for up to a five-year
period, effective July 1, 2002; P.A. 04-244 amended Subsec. (a)(2) to add prohibition against payment or reimbursement for
costs incurred for remediation of a release to levels more stringent than those specified in remediation standards, except
as required by the department, effective June 8, 2004; P.A. 05-288 made technical changes in Subsec. (a)(2), effective
July 13, 2005; June Sp. Sess. P.A. 05-3 made technical changes, amended Subsec. (a)(2) to delete "or both, to responsible
parties", to insert "and remediation", to replace "third party" with "for", to insert "by a person other than a responsible
party", to require final adjudication or settlement of a claim, and to allow payment to an assignee, inserted designator for
Subsec. (a)(3), amended Subsec. (a)(3) to insert "in writing", to prohibit, after June 1, 2005, payment or reimbursement
for diminution in property value or interest and for certain attorneys' fees, and to insert "and all persons shall bear all costs
of the release that are", added Subsec. (c) establishing pay for performance subaccount, added Subsec. (d) re submission
of supplemental applications, and added Subsec. (e) re insurance and receipt of payment or reimbursement from other
sources, effective June 30, 2005; P.A. 06-196 made a technical change in Subsec. (e)(2), effective June 7, 2006; P.A. 07-192 amended Subsec. (a)(3) to permit certain applicants to receive reimbursement for interest on attorney's fees and to
exempt certain applications from limitations on such fees, effective July 5, 2007.

Sec. 22a-449f. Application for reimbursement for claims resulting from release of petroleum. (a) Application. Notice of claim. A responsible party may apply to
the Underground Storage Tank Petroleum Clean-Up Account Review Board established
under section 22a-449d, for reimbursement for costs paid and payment of costs incurred
as a result of a release, or a suspected release, including costs of investigating and
remediating a release, or a suspected release, incurred or paid by such party who is
determined not to have been liable for any such release. If a person other than a responsible party, claims to have suffered bodily injury, property damage or damage to natural
resources from a release, the person with such claim shall make reasonable attempts to
provide written notice to the responsible party of such claim and if such person cannot
provide such notice or if the responsible party does not apply to the board for payment
of such claim not later than sixty days after receipt of such notice or such other time as
may be agreed to by the parties, the person holding such claim may apply to the board
for payment for such damage or bodily injury.

(b) Approval by commissioner or licensed environmental professional. (1) In
addition to all other applicable requirements, a person seeking payment or reimbursement from the account shall demonstrate that when the total costs, expenses or other
obligations in response to a release or suspected release (A) are two hundred fifty thousand dollars or less, that all labor, equipment and materials provided after October 1,
2005, and all services and activities undertaken after October 1, 2005, are approved, in
writing, either by the commissioner or by a licensed environmental professional with a
currently valid and effective license issued pursuant to section 22a-133v; and (B) exceed
two hundred fifty thousand dollars, that all labor, equipment and materials provided
after October 1, 2005, and all services and activities undertaken after October 1, 2005, are
approved, in writing, by the commissioner, provided the commissioner may authorize, in
writing, a licensed environmental professional with a currently valid and effective license issued pursuant to section 22a-133v to approve, in writing, such labor, equipment,
materials, services and activities, in lieu of the commissioner. The provisions of this
subsection shall apply to all costs, expenses or other obligations for which a person is
seeking payment or reimbursement from the account and the board shall not order and
the commissioner shall not make payment or reimbursement from the account for any
cost, expense or other obligation, unless the person seeking such payment or reimbursement provides the written approval required by this subdivision. Any written approval
provided by a licensed environmental professional pursuant to this subdivision shall be
submitted with the application for payment or reimbursement. Any written approval
provided by the commissioner pursuant to this subdivision shall not constitute an approval pursuant to any other provision of the general statutes or any regulation and shall
be presented to the board prior to the board making a decision regarding the application
that such approval concerns.

(2) The fees charged by a licensed environmental professional regarding labor or
services rendered in response to a release or suspected release may be included in any
application or request for payment or reimbursement submitted to the board. The amount
to be paid or reimbursed from the account for such fees may also be established in the
schedule adopted by the commissioner pursuant to subsection (b) of section 22a-449e.

(3) Providing it is true and accurate, a licensed environmental professional shall
submit the following certification regarding any approval provided under subdivision
(1) of this subsection and section 22a-449p: "I hereby agree that all of the labor, equipment, materials, services, and activities described in or covered by this certification
were appropriate under the circumstances to abate an emergency or were performed as
part of a plan specifically designed to ensure that the release or suspected release is
or has been investigated in accordance with prevailing standards and guidelines and
remediated consistent with and to achieve compliance with the remediation standards
adopted under section 22a-133k of the general statutes.".

(c) Conditions for reimbursement or payment. The board shall order reimbursement or payment from the account for any cost paid or incurred, as the case may be, if,
(1) such cost is or was incurred after July 5, 1989, (2) a responsible party was or would
have been required to demonstrate financial responsibility under 40 CFR Part 280.90
et seq. as said regulation was published in the Federal Register of October 26, 1988, for
the underground storage tank or underground storage tank system from which the release
emanated, whether or not such party is required to comply with said requirements on
the date any such cost is incurred, provided if the state is the responsible party, the board
may order payment from the account without regard to whether the state was or would
have been required to demonstrate financial responsibility under said sections 40 CFR
Part 280.90 et seq., (3) after the release, if any, the responsible party incurred a cost,
expense or obligation for investigation, cleanup or for claims of a person other than a
responsible party resulting from the release, provided any such claim shall be required
to be finally adjudicated or settled with the prior written approval of the board before
an application for reimbursement or payment is made, (4) the board determines that the
cost, expense or other obligation is reasonable and that there are not grounds for recovery
specified in subdivision (1) or (3) of subsection (g) of this section, (5) the responsible
party notified the board, as soon as practicable, of the release and of any other claim by
a person other than a responsible party, resulting from the release, in accordance with
the regulations adopted pursuant to section 22a-449e, (6) the responsible party, or, if a
person other than a responsible party applies for payment or reimbursement from the
account, then such person demonstrates the remediation, including any monitoring to
determine the effectiveness of the remediation, for which payment or reimbursement
is sought is not more stringent than that required by the remediation standards established
pursuant to section 22a-133k, except to the extent the responsible party or such person
demonstrates that it has been directed otherwise, in writing, by the commissioner, (7)
the responsible party, or, if a person other than a responsible party applies for payment
or reimbursement from the account, then such person demonstrates that it does not have
insurance, or a contract or other agreement to provide payment or reimbursement for
any cost, expense or other obligation incurred in response to a release or suspected
release, or if there is any such insurance, contract or other agreement, that any insurance
coverage has been denied or is insufficient to cover the costs, expenses or other obligations, paid or incurred or that any contract or other agreement is not able to or is insufficient to cover the costs, expenses or other obligations, paid or incurred, for which payment or reimbursement is sought from the account, (8) the responsible party
demonstrates and the board determines that one of the milestones noted in section 22a-449p has been completed, (9) the board determines what, if any, reductions to the
amounts sought from the account should be made based upon the compliance evaluations
performed pursuant to subsection (d) of this section, and (10) at the time any application
or request for payment or reimbursement, including any supplemental application or
request, is submitted to the board, (A) for applications filed with the underground storage
tank petroleum clean-up account on or after October 1, 2007, there is no underground
storage tank system subject to the financial responsibility demonstration required in
subdivision (2) of this subsection dispensing petroleum on the property where the release
or suspected release emanated or occurred, and if the application is submitted by the
person who owns or operates or who owned or operated the underground storage tank
system at the time of the release, such person demonstrates, in addition to all other
applicable requirements, that lack of compliance with provisions of the general statutes
and regulations governing underground storage tank systems was not a proximate cause
of the release or suspected release and that there are not grounds for recovery specified
in subdivision (2) of subsection (g) of this section, or (B) for applications filed with the
underground storage tank petroleum clean-up account prior to October 1, 2007, there
is no underground storage tank system dispensing petroleum on the property where the
release or suspected release emanated or occurred, and if the application is submitted
by the person who owns or operates or who owned operated the underground storage
tank system at the time of the release, such person demonstrates, in addition to all other
applicable requirements, that lack of compliance with provisions of the general statutes
and regulations governing underground storage tank systems was not a proximate cause
of the release or suspected release and that there are not grounds for recovery specified
in subdivision (2) of subsection (g) of this section. Subdivision (10) of this section shall
not apply to any application filed with the underground storage tank petroleum clean-up account concerning a release of an underground storage tank system that was reported
to the Commissioner of Environmental Protection in September, 2003 where such system was owned or operated by a municipality or other political subdivision of the state
at the time of the release and such system was removed on or before April 1, 2005. In
acting on an application or a request for payment or reimbursement, the board, using
funds from the account, may contract with experts, including, but not limited to, attorneys and medical professionals, to better evaluate and defend against claims and negotiate claims by persons other than responsible parties. The costs of the board for experts
shall not be charged to the amount allocated to the Department of Environmental Protection pursuant to section 22a-449c. If a person other than a responsible party applies to
the board claiming to have suffered bodily injury, property damage or damage to natural
resources, the board shall order reimbursement or payment from the account if such
person demonstrates that subdivisions (1), (2), (6) and (7) of this subsection are satisfied,
the board determines that as a result of a release or suspected release such person has
suffered bodily injury, property damage or damage to natural resources, that the costs,
expenses or other obligations incurred are reasonable and the person submitting such
claim demonstrates that it has attempted to or has provided written notice of its claim
to the responsible party as required in subsection (a) of this section and that the responsible party has not applied to the board for payment or reimbursement of this claim. On
or before June 30, 2005, if the board denied reimbursement or provided for only partial
payment or reimbursement from the account regarding a release, pursuant to subdivision
(4) of this section, such denial or partial payment or reimbursement shall remain in effect
and shall apply to all subsequent applications or requests for payment or reimbursement
regarding such release.

(d) Compliance status of underground storage tank systems. Applicability.
Evaluation. (1) Except as provided in this subsection, if at the time any application or
request for payment or reimbursement is submitted to the board, including any supplemental application or request, there is an underground storage tank system dispensing
petroleum on the property where the release or suspected release emanated or occurred,
such application or request shall not be deemed complete and shall not be acted upon
by the board unless such application or request includes a summary of the compliance
status of all the underground storage tank systems on the subject property. Any such
summary shall include an evaluation of compliance with the design, construction, installation, notification, general operating, release detecting, system upgrading, abandonment and removal date requirements of the regulations adopted pursuant to sections
22a-449 and 22a-449o and shall be prepared by an independent consultant on a form
prescribed by or acceptable to the commissioner. The summary shall be based on an
evaluation of said underground storage tank systems performed not more than one hundred eighty days before the board receives an application or a request for reimbursement
or payment, except that with respect to any provision of the subject regulations regarding
record keeping, periodic monitoring or testing, the summary shall be based on an evaluation of a one-year period terminating within one hundred eighty days prior to the board's
receipt of an application or a request for payment or reimbursement. The summary shall
also include a full description of all corrective measures that have been taken or that are
being taken with regard to any noncompliance identified in the compliance evaluation
performed pursuant to this subdivision.

(2) With respect to any initial application or request for payment or reimbursement
regarding a release or suspected release the provisions of subdivision (1) of this subsection shall apply only to applications or requests received on or after January 1, 2006.
With respect to any supplemental application or request for payment or reimbursement
regarding a release or suspected release, the provisions of subdivision (1) of this subsection shall apply to each application or request submitted to the board on or after January
1, 2006, regardless of when the initial application or request was submitted, except that
submission of a compliance summary shall not be required if at the time a supplemental
application or request is submitted, less than one year has passed since the performance
of a compliance evaluation submitted with any prior application or request.

(3) The cost of hiring an independent consultant to perform a compliance evaluation,
as required by this subsection, shall be eligible for payment or reimbursement from the
account up to a maximum of one thousand dollars per compliance evaluation, provided
the evaluation is in conformance with the requirements of this subsection and includes
all underground storage tank systems on the property where a release or suspected release
emanated or occurred. If the schedule adopted by the commissioner pursuant to subsection (b) of section 22a-449e includes an amount for performing a compliance evaluation,
upon adoption of any such schedule, the amount eligible for payment or reimbursement
for performing a compliance evaluation shall be the amount prescribed in any such
schedule.

(4) Nothing in this subsection shall affect the continued applicability of any decision
of the board to (A) deny reimbursement or payment from the account, or (B) provide only
partial payment or reimbursement regarding all applications or requests for payment or
reimbursement from the account. Any such decision shall remain in effect and shall not
be subject to reconsideration or reevaluation as a result of this subsection.

(5) Except as provided for in this subdivision, if at the time any application or request
for payment or reimbursement, including any supplemental application or request, is
submitted, there is no underground storage tank system dispensing petroleum on the
property where the release or suspected release emanated or occurred, any such application or request shall be subject to the provisions of subdivision (10) of subsection (c)
of this section, even where a prior application or request was subject to the provisions
of this subsection. The provisions of this subdivision shall not apply to an application
or request for payment or reimbursement for annual groundwater remedial actions, including the preparation of a groundwater remedial action progress report, performed
pursuant to subdivision (6) of section 22a-449p.

(e) Reduction of payment or reimbursement. Authority of commissioner. (1) If
the compliance evaluation summary performed pursuant to subsection (d) of this section
indicates that any of the violations noted in this subdivision exist with respect to any
underground storage tank or underground storage tank system on the property at which
a release or suspected release occurred and any such violations have not been fully
corrected by the time an application or request for reimbursement is submitted to the
board, the board shall reduce any payment or amount to be reimbursed as follows: (A)
A one hundred per cent reduction of the payment or amount to be reimbursed for failure to
meet the tank or piping construction requirements of section 22a-449o or the regulations
adopted pursuant to section 22a-449 or for failure to report the release to the commissioner as required by this section, (B) a seventy-five per cent reduction of the payment
or amount to be reimbursed for failure to have properly functioning cathodic protection,
spill prevention, overfill prevention, or release detection as required by the regulations
adopted pursuant to section 22a-449. Notwithstanding the provisions of this subsection,
the board may reduce any amount to be paid or reimbursed based on any other violation
of the provisions of the general statutes or regulations of Connecticut state agencies
regarding ownership or operation of an underground storage tank system.

(2) Nothing in this subsection and no determination by the board of any issue of
fact or law shall affect the authority of the commissioner under any other statute or
regulations, including, but not limited to, taking any enforcement action based upon the
violations identified in any compliance evaluation performed pursuant to subsection (d)
of this section.

(f) Payment or reimbursement for work, services, material. (1) For all work or
services performed or materials provided before October 1, 2004, the board shall not
order payment or reimbursement from the account for any cost paid or incurred, unless
when seeking payment or reimbursement, the application or any submission regarding
work, services or materials that have been pre-authorized by the board is received by
the board on or before April 1, 2005.

(2) For purposes of this subsection, work or services shall be deemed rendered or
performed on the date such work is rendered or performed and a material shall be deemed
provided on the date a material is made available for use.

(3) After June 30, 2005, the board shall not order payment or reimbursement from
the account for any cost, expense or other obligation, paid or incurred, unless the application or request for payment or reimbursement is received by the board not later than
one year after the completion of all or substantially all of the work or activities necessary
to prepare the plan or report required by the milestones set forth in section 22a-449p.

(g) Civil actions. The Attorney General, upon the request of the board or the commissioner, may institute an action in the superior court for the judicial district of Hartford
to recover the amounts specified in this section from any person who owns or operates
an underground storage tank system at the time a release emanates or occurs from such
system or any person who owns the real property on which a release emanates or occurs,
provided such person owned the real property at or any time after the release emanates
or occurs until the time that a final remediation action report is submitted by a licensed
environmental professional or approved by the commissioner pursuant to subdivision
(7) of section 22a-449p, if: (1) Prior to the occurrence of the release, the underground
storage tank or underground storage tank system from which the release emanated was
required by regulations adopted under section 22a-449 to be the subject of an Underground Storage Facility Notification Form, or EPHM-6 but the person who owns or
operates or who owned or operated such tank or tank system knowingly and intentionally
failed to submit such notification form to the commissioner; (2) the release results from
a reckless, wilful, wanton or intentional act or omission of such person or a negligent
act or omission of such person that constitutes noncompliance with the general statutes
or regulations governing the installation, operation and maintenance of underground
storage tanks; or (3) the release occurs from an underground storage tank or system
which is not in compliance with a final order issued by the commissioner pursuant to
this chapter or a final judgment issued by a court concerning noncompliance with a
requirement of this chapter; or (4) payment has been made from the account, including
payment to the commissioner pursuant to subsection (i) of this section, to a person other
than a person against whom an action may be brought pursuant to this subsection. All
costs to the state relating to actions to recover such payments, including, but not limited
to, reasonable attorneys' fees, shall initially be paid from the underground storage tank
petroleum clean-up account. In any recovery the board or the commissioner is entitled
to recover from such person (A) all payments made from the account with respect to a
release or suspected release, (B) all payments made by the commissioner pursuant to
subsection (i) of this section with respect to a release or suspected release, (C) interest
on such payments at a rate of ten per cent per year from the date such payments were
made, and (D) all costs of the state relating to actions to recover such payments, including, but not limited to, reasonable attorneys' fees. All actions brought pursuant to this
section shall have precedence in the order of trial, as provided in section 52-191. If the
Attorney General has filed an action against a person seeking recovery of the amounts
specified in this subsection or if the commissioner sends a person a demand letter regarding costs incurred by the state pursuant to section 22a-451, any such person against
whom an action has been brought or who receives a demand letter shall not submit an
application or request for payment or reimbursement to the board seeking payment or
reimbursement of any such amount sought by the Attorney General or by the commissioner. If any such application or request for payment or reimbursement is submitted,
the board shall not take any action regarding any such application or request.

(h) Rendering of decision by board. Hearings. The board shall render its decision
not more than ninety days after receipt of an application from a person, provided, in the
case of a second or subsequent application, the board shall render its decision not more
than forty-five days after receipt of such application. A copy of the decision shall be
sent to the commissioner and the person seeking payment or reimbursement by certified
mail, return receipt requested. The commissioner or any person aggrieved by the decision of the board may, within twenty days from the date of issuance of such decision,
request a hearing before the board in accordance with the provisions of chapter 54. After
such hearing, the board shall consider the information submitted to it and affirm or
modify its decision on the application. A copy of the affirmed or modified decision shall
be sent to all parties to the hearing by certified mail, return receipt requested. Once the
board renders a decision regarding an application or request for payment or reimbursement and no hearing has been requested pursuant to this subsection regarding any such
decision, the costs, expenses or other obligations addressed by any such decision shall
not be resubmitted in any other application or request.

(i) Use of account for clean-up. Whenever the commissioner determines that as a
result of a release, as defined in section 22a-449a, or a suspected release, a clean-up is
necessary, including, but not limited to, actions to prevent or abate pollution or a potential
source of pollution and to provide potable drinking water, the commissioner may undertake such actions using not more than one million dollars from the underground storage
tank petroleum clean-up account for each release or suspected release from an underground storage tank or an underground storage tank system for which the responsible
party is the state or for which a responsible party was or would have been required to
demonstrate financial responsibility under 40 CFR Part 280.90 et seq., as said regulation
was published in the Federal Register of October 26, 1988.

(j) Percentage payments. (1) If through an initial application or request for payment or reimbursement received by the board before June 1, 2005, the board has determined that a person has paid or incurred costs, expenses or other obligations that are
eligible for payment or reimbursement from the account, with respect to any supplemental application or request for payment or reimbursement the following shall apply. The
commissioner may identify a category of activities, costs, expenses, or other obligations
that are less than one hundred thousand dollars for which, in lieu of full payment, the
board may approve a percentage of the costs, expenses or other obligations paid or
incurred. In making any such recommendation to the board, the commissioner shall
consider the amounts previously paid from the account and any other information the
commissioner deems relevant. Any such percentage shall be not more than, but may be
less than, ninety per cent of the average amount, as determined by the commissioner,
previously paid from the account for any activity, cost, expense or obligation. The board
shall approve or disapprove, but shall not modify, payment of the percentage recommended by the commissioner pursuant to this subdivision. The commissioner may, using
the procedures specified in this subdivision, recommend changes to any percentage
previously approved by the board under this subdivision.

(2) If the board approves payment of the percentage recommended by the commissioner, a person with a supplemental application or request for payment or reimbursement may agree to accept the percentage payment approved by the board. Any such
acceptance shall be in writing, signed by the person seeking payment or reimbursement
and shall acknowledge that the person is agreeing to accept less than the full amount
sought by such person for the costs, expenses or other obligations covered by such
acceptance. If the commissioner has prescribed forms, any such acceptance shall be
made using the forms prescribed by the commissioner. Once a completed written acceptance is received, the board shall, not later than ninety days after receiving such acceptance, determine whether to order payment or reimbursement from the account. Any
such determination by the board shall be limited to whether the costs, expenses or other
obligations are within those for which the board has approved payment pursuant to
subdivision (1) of this subsection.

(3) Any amount ordered to be paid or reimbursed by the board shall be considered
full payment for any such activity, expense or other obligation and a person shall not
seek any additional reimbursement from the account for any such activity, expense or
other obligation. The categories or activities for which the commissioner recommends
payment of a percentage pursuant to this subsection may constitute all or a portion of
the amounts sought in a supplemental application or supplemental request for payment
or reimbursement.

(k) Notification to commissioner. Notification to the commissioner pursuant to
regulations adopted pursuant to section 22a-449 shall constitute compliance with any
regulation adopted pursuant to section 22a-449e regarding notification to the board of
a release.

History: P.A. 90-181 amended Subsec. (a) to allow a responsible party to apply for costs paid, to allow application for
reimbursement and payment of costs for a suspected release, to allow the board to order reimbursement in addition to
payment, added Subdiv. (1) re requirement that reimbursement may only be ordered if the cost is or was incurred after
July 5, 1989, amended Subdiv. (2) to provide that the responsible party had to demonstrate financial responsibility under
the CFR as it was published in the Federal Register of October 26, 1988, regardless of whether the owner is required to
comply with said requirements on the date the cost is incurred, amended Subdiv. (3) to include expense for investigation
and amended Subsec. (b) to allow the board the right of subrogation if the release occurs from a tank or system which is
not in compliance with the general statutes and regulations governing such tanks and to allow the board an additional right
for subrogation against a responsible party for the first $10,000 of reimbursements and payments it makes in respect to a
release unless the responsible party incurring the costs is determined not to have been liable for the release; P.A. 91-254
added Subsec. (a)(4) and (5) concerning a determination by the board for disbursement from the fund, amended Subsec.
(b) to authorize the attorney general to institute actions to recover amounts disbursed from the fund, to set forth prerequisite
factors for such action and to provide for payment of costs for such actions, and to specify what may be recovered in such
action, amended Subsec. (c) to provide for a process of appeal from decisions of the board and added Subsec. (d) concerning
use of the fund by the commissioner in case of a release (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution
of "judicial district of Hartford" for "judicial district of Hartford-New Britain at Hartford" in public and special acts of the
1991 session of the general assembly, effective September 1, 1993); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-28 amended Subsec. (c) to extend
the time for decisions by the board regarding first applications for reimbursement from 45 to 90 days, effective July 1,
1994, and applicable to applications filed with the board after said date; (Revisor's note: In 1995 the word "fund" was
replaced editorially by the Revisors with "account" in references to the former underground storage tank petroleum clean-up fund and its review board to conform section with Secs. 22a-449b et seq., as amended by P.A. 94-130); P.A. 95-220
changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 96-180 amended Subsec. (d) to correct a grammatical error, effective June 3, 1996; P.A. 04-244 added Subsec. (a)(6) re
demonstration that the remediation is not more stringent than required by remediation standards, added new Subsec. (b)
re deadlines for submission of application or preauthorization request, redesignated existing Subsecs. (b) to (d) as new
Subsecs. (c) to (e), respectively, and made technical changes in said Subsec. (c), effective June 8, 2004; June Sp. Sess.
P.A. 05-3 amended Subsec. (a) to add "and remediating", to delete references to "responsible" party and to "entity", to
replace "damage or personal injury" with "bodily injury, property damage or damage to natural resources", to add requirement re attempt to provide written notice, to delete reference to denial of release, and to add 60-day requirement re
application, designated a portion of existing Subsec. (a) as new Subsec. (c), added new Subsec. (b) re approval of services and
activities that surpass certain cost thresholds and inclusion of fees and certification by licensed environmental professional,
amended new Subsec. (c) to make technical changes, to change names of certain entities and notification requirement, to
add new criteria for applicants in Subdivs. (7) to (10), and to specify criteria for persons other than a responsible party,
added new Subsec. (d) re compliance evaluations of existing tank systems, added new Subsec. (e) re reduction of payment
or amount to be reimbursed based on compliance evaluations, deleted former Subsec. (b)(1) and redesignated existing
Subsecs. (b)(2) and (3) as Subsecs. (f)(1) and (2), amended Subsec. (f)(1) to rephrase language re preauthorization, added
new Subsec. (f)(3) re deadline for applications, redesignated existing Subsec. (c) as Subsec. (g) and amended same to allow
commissioner to request an action, to revise persons from which attorney general may attempt to recover costs, to make
technical changes, to delete references to knowingly and intentionally failing to notify commissioner, to add negligent acts
or omissions that constitute noncompliance with installation, operation, and maintenance requirements in Subdiv. (2), to
revise Subdiv. (3) to insert reference to "a final" order, to replace reference to general statutes and regulations with "this
chapter" or certain final judgments, to add Subdiv. (4) re payment made from account, and to add language re inability of
person to file an application or request upon receipt of demand letter or where person is subject of an action, redesignated
existing Subsec. (d) as Subsec. (h) and amended same to change names of certain entities, to make technical changes, and
to prohibit resubmission of costs in application subject to board decision, redesignated existing Subsec. (e) as Subsec. (i)
and amended same to make a technical change and to delete language re refusal to pay first $10,000 of third party claims,
added Subsec. (j) re identification of a category of activities and approval of a percentage of costs, and added Subsec. (k)
re notification of release, effective June 30, 2005; P.A. 06-196 made technical changes in Subsec. (b)(1)(B) and (3),
effective June 7, 2006; P.A. 07-192 amended Subsec. (b)(1) to make technical changes, provide differing timeframes for
submission of approval by a licensed environmental professional and add provision re commissioner's approval pursuant
to subdivision, effective July 5, 2007, and applicable to applications filed with the underground storage tank petroleum
clean-up account on or after July 1, 2005, amended Subsec. (c)(5) to require notification concerning release and to add
reference to regulations, and amended Subsec. (c)(10) to add Subpara. (A) designator, to add requirement re demonstration
of financial responsibility, to require that only certain applicants do proximate cause analysis, to add new Subpara. (B)
and to add provision re denial or partial payment or reimbursement on or before June 30, 2005, effective July 5, 2007, and
applicable to applications filed with the underground storage tank petroleum clean-up account either prior to or subsequent
to July 5, 2007, except that the provisions of Subsec. (a)(10)(A) shall be applicable only to applications filed on or after
October 1, 2007, and amended Subsec. (g)(1) to add provision re knowing or intentional failure to submit Underground
Storage Facility Notification Form, effective July 5, 2007, and applicable to applications filed with the underground storage
tank petroleum clean-up account both prior to and subsequent to July 5, 2007.

Sec. 22a-449m. Standards for remediation of soil and replacement of residential underground heating oil storage tank systems. Regulations. (a) Any remediation
of contaminated soil or groundwater the cost of which is to be paid out of the subaccount
established under subsection (b) of section 22a-449c shall be performed by or under the
direct onsite supervision of a registered contractor, as defined in sections 22a-449l and
22a-449n and shall be performed in accordance with regulations adopted by the commissioner pursuant to section 22a-133k that establish direct exposure criteria for soil, pollutant mobility criteria for soil and groundwater protection criteria for GA and GAA areas.
If the replacement of any such residential underground heating oil storage tank system
performed pursuant to the provisions of this section involves installation of an underground petroleum storage tank, such tank shall conform to any standards which apply
to new underground petroleum storage tanks.

(b) The commissioner shall adopt regulations, in accordance with the provisions of
chapter 54, setting forth the standards and criteria for residential underground heating
oil storage tank systems which may include, but not be limited to, (1) standards for
criteria for the design, installation, operation, maintenance and monitoring of such facilities, (2) the life expectancy after which such systems must be removed and replaced,
and (3) standards and procedures for the granting of a waiver for the installation of a
new residential underground heating oil storage tank system or the replacement of an
existing system. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, regarding the removal of all pipes connected to both above ground
and underground residential heating oil storage tank systems, when a storage tank is
removed, regardless of the storage tank's capacity.

Sec. 22a-449q. Storage of underground storage tank system records. The
owner or operator of an underground storage tank system storing petroleum that is
subject to section 22a-449(d)-101 et seq. of the regulations of Connecticut state agencies,
who owns or operates more than ten facilities with underground storage tank systems,
may store records required to be maintained under section 22a-449(d)-103(e) of the
regulations of Connecticut state agencies, in a central location in the state of Connecticut,
provided such owner or operator: (1) Specifies, in writing, the location of any such
centrally stored records and such other information as the Commissioner of Environmental Protection may prescribe related to such storage on a form prescribed by said
commissioner and submits such form to said commissioner; and (2) ensures that such
records are immediately available for inspection by the Commissioner of Environmental
Protection, or the commissioner's designee, at any such central location. The following
records may not be stored solely at such a central location but shall be maintained at
the site of the underground storage tank system: (A) A copy of all Underground Storage
Tank Facility Notification Forms, or EPHM-6, submitted to the commissioner, regarding underground storage tanks for the site; (B) for all metallic underground storage tank
systems, records concerning the most recent cathodic protection test; (C) for underground storage tank systems with impressed current cathodic protection, the last six
months of records regarding the inspection of the cathodic protection systems, if applicable; (D) the most recent prior twelve months of records related to repairs of the underground storage tank system required by section 22a-449(d)-103(d)(6) of the regulations
of Connecticut state agencies; (E) the most recent six months of records demonstrating
compliance with the release detection requirements of section 22a-449(d)-104 of the
regulations of Connecticut state agencies, including, but not limited to, inventory control
and reconciliation of such inventory control records; (F) records regarding the two most
recent underground storage tank tightness pursuant to section 22a-449(d)-104(e)(3) of
the regulations of Connecticut state agencies; and (G) any other records regarding the
underground storage tank system that the commissioner specifies, in writing. Nothing
in this section shall affect any requirement of this chapter other than the location of
where certain records may be stored.

Sec. 22a-452a. State lien against real estate as security for amounts paid to
clean up or to remove hazardous waste. Notice and hearing. (a) On and after June
3, 1985, any amount paid by the Commissioner of Environmental Protection pursuant
to subsection (b) of section 22a-451 to contain and remove or mitigate the effects of a
spill or to remove any hazardous waste shall be a lien against the real estate on which
the spill occurred or from which it emanated or against real estate where no spill occurred
but from which hazardous waste was removed provided such hazardous waste did not
enter such real estate through surface or subsurface migration. Any such lien shall be
filed in accordance with the provisions of this section, except that such lien against real
estate which has been transferred in accordance with the provisions of sections 22a-134
to 22a-134d, inclusive, shall not have priority over any previous transfer or encumbrance. The amount of the lien shall include administrative costs, as set forth in subsection (a) of section 22a-451, as of the date of the filing of the lien. Any costs incurred
subsequent to the filing of the lien may be the subject of another lien.

(b) A lien pursuant to this section shall not be effective unless (1) a certificate of
lien is filed in the land records of each town in which the real estate is located, describing
the real estate, the amount of the lien, the name of the owner as grantor, and (2) the
commissioner mails a copy of the certificate to the owner of record and to all other
persons of record holding an interest in such real estate over which the commissioner's
lien is entitled to priority. Upon presentation of a certificate of lien, the town clerk shall
endorse thereon his identification and the date and time of receipt and forthwith record
it in accordance with section 42a-9-519.

(c) (1) Before filing a lien under this section, the commissioner shall give the owner
of the property on which the lien is to be filed and mortgagees and lienholders of record
a notice of his intent to file a certificate of lien, as provided in this subsection.

(2) The notice required under this subsection shall be sent by certified mail or served
in the manner for serving civil process and shall provide the following: (A) A statement
of the purpose of the lien; (B) a brief description of the property to be affected by
the lien; (C) a statement of the sum of the expenses incurred by the commissioner in
containing, removing or mitigating the effects of a spill or removing hazardous waste;
(D) a brief statement of the facts demonstrating probable cause that the property is the
subject of the expenses incurred by the commissioner; and (E) the time period following
service during which any recipient of such notice whose legal rights may be affected
by the lien may request a hearing before the commissioner. A request for a hearing under
this subsection must be received by the commissioner on or before thirty days following
the service of the notice of intent to file a certificate of lien. A hearing held pursuant to
a request filed under this subsection shall be limited to determining, in a summary
manner, probable cause for filing the certificate of lien.

(d) In the absence of a timely request for a hearing, the certificate of lien may be
filed on the land records immediately. If a hearing is held, the commissioner may issue
a decision authorizing the filing of a certificate of lien on the land records, denying the
filing of a certificate of lien or authorizing the filing and modifying the amount of the
certificate of lien.

(e) Within thirty days after the filing of the certificate of lien pursuant to this section,
any property owner, mortgagee or other lienholder of record who has been served with
a copy of the certificate of lien and whose legal rights may be affected by the lien may
file with the commissioner a request for a hearing limited to the issues of a reduction
in the amount of the lien or a discharge of the lien in its entirety. If requested, the
commissioner shall hold a hearing as soon thereafter as practicable. There shall be no
stay of a decision by the commissioner authorizing the filing of a certificate of lien
unless the party seeking a stay has posted a surety acceptable to the commissioner in
an amount sufficient to cover the full amount of the lien plus interest and costs.

(f) Except as provided in subsection (a) of this section, such lien shall take precedence over all transfers and encumbrances recorded on or after June 3, 1985, in any
manner affecting such interest in such real estate or any part of it on which the spill
occurred or from which the spill emanated, or real estate which has been included, within
the preceding three years, in the property description of such real estate and is contiguous
to such real estate. This subsection shall not apply to real estate which consists exclusively of residential real estate, including, but not limited to, residential units in any
common interest community, as defined in section 47-202.

(g) In the case of all other real estate, including real estate which consists exclusively
of residential real estate, including but not limited to, residential units in any common
interest community, as defined in section 47-202, the lien shall take precedence over
any transfer or encumbrance recorded after the commissioner files with the town clerk
notice of intent to file a lien on the land records in the town in which the real estate is
located.

(h) When any amount with respect to which a lien has been recorded under the
provisions of this section has been paid or reduced, the commissioner, upon request of
any interested party, shall issue a certificate discharging or partially discharging such
lien, which certificate shall be recorded in the same office in which the lien was recorded.
The town clerk shall note the recording of the certificate of discharge upon the original
notice of lien. Any action for the foreclosure of such lien shall be brought by the Attorney
General in the name of the state in the superior court for the judicial district in which
the property subject to such lien is situated, or, if such property is located in two or more
judicial districts, in the superior court for any one such judicial district, and the court
may limit the time for redemption or order the sale of such property or make such other
or further decree as it judges equitable.

History: P.A. 85-443 divided section into Subsecs. and amended Subsec. (a) to apply section to amounts paid after June
3, 1985, instead of October 1, 1984; inserted new provisions as Subsec. (b) to require filing of the lien in the town clerk's
office; amended Subsec. (c) to give the lien precedence over transfers and encumbrances to property on which the spill
occurred or emanated from three years prior to the spill except residential real estate; inserted new provisions as Subsec.
(d) to give the lien precedence over all transfers after filing, and amended Subsec. (e) to authorize the commissioner to
issue a certificate partially discharging the lien; P.A. 87-475 amended Subsec. (a) by making the lien apply only to real
estate on which a spill occurred, or from which it emanated and adding provision limiting the lien to prospective transfers
only, amended Subsec. (b) by requiring that town clerk make certain endorsements and amended Subsec. (e) by requiring
the town clerk to note any discharge on the original lien notice; P.A. 97-218 amended Subsec. (a) to provide that the lien
under this section may be filed against real property in certain circumstances where no spill occurred but from which
hazardous waste was removed and to provide that the amount of the lien shall include administrative costs, made a technical
change in Subsec. (b), added new Subsecs. (c), (d) and (e) re notice and hearing requirements for imposition of the lien,
redesignated former Subsecs. (c), (d) and (e) as Subsecs. (f), (g) and (h), and deleted provision in Subdiv. (h) re action or
appeal in accordance with Secs. 49-35a to 49-35c, inclusive; P.A. 01-132 amended Subsec. (b) to make a technical change
and replace reference to Sec. 42a-9-409 with Sec. 42a-9-519; P.A. 07-217 made technical changes in Subsec. (f), effective
July 12, 2007.

Sec. 22a-483. Bond issue for Clean Water Fund projects. General obligation
bonds. Revenue bonds. (a) For the purposes of sections 22a-475 to 22a-483, inclusive,
the State Bond Commission shall have the power, from time to time to authorize the
issuance of bonds of the state in one or more series and in principal amounts, not exceeding in the aggregate nine hundred sixty-one million thirty thousand dollars, provided
ninety million dollars of said authorization shall be effective July 1, 2008.

(b) The proceeds of the sale of any bonds, state bond anticipation notes or state
grant anticipation notes issued pursuant to sections 22a-475 to 22a-483, inclusive, shall
be deposited in the Clean Water Fund and not less than fifty million dollars of such
proceeds shall be deposited in the Long Island Sound clean-up account of said fund.

(c) All provisions of section 3-20, or the exercise of any right or power granted
thereby which are not inconsistent with the provisions of sections 22a-475 to 22a-483,
inclusive, are hereby adopted and shall apply to all bonds authorized by the State Bond
Commission pursuant to said sections, and temporary notes in anticipation of the money
to be derived from the sale of any such bonds so authorized may be issued in accordance
with said section 3-20 and from time to time renewed. None of said bonds shall be
authorized except upon a finding by the State Bond Commission that there has been
filed with it a request for such authorization, which is signed by or on behalf of the
Secretary of the Office of Policy and Management and states such terms and conditions
as said commission, in its discretion, may require. Said bonds issued pursuant to sections
22a-475 to 22a-483, inclusive, may be general obligations of the state and in such case
the full faith and credit of the state of Connecticut are pledged for the payment of the
principal of and interest on said bonds as the same become due, and accordingly and as
part of the contract of the state with the holders of said bonds, appropriation of all
amounts necessary for punctual payment of such principal and interest is hereby made,
and the Treasurer shall pay such principal and interest as the same become due. Such
general obligation bonds shall mature at such time or times not exceeding twenty years
from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such general obligation bonds. The
state, acting by and through the State Bond Commission, is hereby authorized to issue
from time to time general obligation bonds in such sums as is appropriate and necessary
to meet the state's matching requirement for eligibility pursuant to the federal Water
Quality Act of 1987 or the federal Safe Drinking Water Act or other similar federal
act, provided such sums shall not exceed the aggregate principal amounts of bonds
authorized pursuant to subsection (a) of this section. Whenever such bonds are so authorized, the state's obligations shall be issued on such terms and conditions as shall be
determined and established by the Treasurer. Such bonds shall bear such rate of interest
as the treasurer shall determine, by reference to such open market indices for obligations
having similar terms and characteristics as the Treasurer shall determine relevant, in
order to arrive at a taxable rate of interest on the obligations of the state issued and sold
to the Clean Water Fund. The Treasurer shall deliver such bonds to the Clean Water Fund
upon the receipt of evidence from the Environmental Protection Agency evidencing
satisfaction by the state of its federal matching requirement pursuant to the federal Water
Quality Act of 1987 or the federal Safe Drinking Water Act or other similar federal act.

(d) Notwithstanding the foregoing, nothing herein shall preclude the State Bond
Commission from authorizing the issuance of revenue bonds, in principal amounts not
exceeding in the aggregate one billion seven hundred fifty-three million four hundred
thousand dollars, provided one hundred eighty million dollars of said authorization shall
be effective July 1, 2008, that are not general obligations of the state of Connecticut to
which the full faith and credit of the state of Connecticut are pledged for the payment
of the principal and interest. Such revenue bonds shall mature at such time or times not
exceeding thirty years from their respective dates as may be provided in or pursuant to
the resolution or resolutions of the State Bond Commission authorizing such revenue
bonds. The revenue bonds, revenue state bond anticipation notes and revenue state grant
anticipation notes authorized to be issued under sections 22a-475 to 22a-483, inclusive,
shall be special obligations of the state and shall not be payable from nor charged upon
any funds other than the revenues or other receipts, funds or moneys pledged therefor
as provided in said sections 22a-475 to 22a-483, inclusive, including the repayment of
municipal loan obligations; nor shall the state or any political subdivision thereof be
subject to any liability thereon except to the extent of such pledged revenues or the
receipts, funds or moneys pledged therefor as provided in said sections 22a-475 to 22a-483, inclusive. The issuance of revenue bonds, revenue state bond anticipation notes
and revenue state grant anticipation notes under the provisions of said sections 22a-475
to 22a-483, inclusive, shall not directly or indirectly or contingently obligate the state
or any political subdivision thereof to levy or to pledge any form of taxation whatever
therefor or to make any appropriation for their payment. The revenue bonds, revenue
state bond anticipation notes and revenue state grant anticipation notes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the state or
of any political subdivision thereof, except the property mortgaged or otherwise encumbered under the provisions and for the purposes of said sections 22a-475 to 22a-483,
inclusive. The substance of such limitation shall be plainly stated on the face of each
revenue bond, revenue state bond anticipation note and revenue state grant anticipation
note issued pursuant to said sections 22a-475 to 22a-483, inclusive, shall not be subject
to any statutory limitation on the indebtedness of the state and such revenue bonds,
revenue state bond anticipation notes and revenue state grant anticipation notes, when
issued, shall not be included in computing the aggregate indebtedness of the state in
respect to and to the extent of any such limitation. As part of the contract of the state
with the owners of such revenue bonds, revenue state bond anticipation notes and revenue state grant anticipation notes, all amounts necessary for the punctual payment of
the debt service requirements with respect to such revenue bonds, revenue state bond
anticipation notes and revenue state grant anticipation notes shall be deemed appropriated, but only from the sources pledged pursuant to said sections 22a-475 to 22a-483, inclusive. The proceeds of such revenue bonds or notes may be deposited in the
Clean Water Fund for use in accordance with the permitted uses of such fund. Any
expense incurred in connection with the carrying out of the provisions of this section,
including the costs of issuance of revenue bonds, revenue state bond anticipation notes
and revenue state grant anticipation notes may be paid from the accrued interest and
premiums or from any other proceeds of the sale of such revenue bonds, revenue state
bond anticipation notes or revenue state grant anticipation notes and in the same manner
as other obligations of the state. All provisions of subsections (g), (k), (l), (s) and (u) of
section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of said sections 22a-475 to 22a-483, inclusive, are hereby adopted
and shall apply to all revenue bonds, state revenue bond anticipation notes and state
revenue grant anticipation notes authorized by the State Bond Commission pursuant to
said sections 22a-475 to 22a-483, inclusive. For the purposes of subsection (o) of section
3-20, "bond act" shall be construed to include said sections 22a-475 to 22a-483, inclusive.

(e) Any pledge made by the state pursuant to sections 22a-475 to 22a-483, inclusive,
is a statutory pledge and shall be valid and binding from the time when the pledge is
made, and any revenues or other receipts, funds or moneys so pledged and thereafter
received by the state shall be subject immediately to the lien of such pledge without any
physical delivery thereof or further act. The lien of any such pledge shall be valid and
binding as against all parties having claims of any kind in tort, contract or otherwise
against the state, irrespective of whether such parties have notice thereof. Neither the
resolution nor any other instrument by which a pledge is created need be recorded. Any
pledge made by the state pursuant to sections 22a-475 to 22a-483, inclusive, to secure
revenue bonds issued to finance eligible water quality projects shall secure only revenue
bonds issued for such purpose and any such pledge made by the state to secure revenue
bonds issued to finance eligible drinking water projects shall secure only revenue bonds
issued for such purpose.

(f) Whenever the General Assembly has authorized the State Bond Commission to
authorize bonds of the state for clean water projects and uses and has found that such
projects and uses are for any of the purposes set forth in sections 22a-475 to 22a-483,
inclusive, and whenever the State Bond Commission finds that the authorization of such
bonds will be in the best interests of the state, the State Bond Commission shall authorize
the issuance of such bonds from time to time in one or more series and in principal
amounts not exceeding the aggregate amount authorized by the General Assembly.

(g) Whenever the state has a written commitment to receive a grant-in-aid or similar
form of assistance with respect to a project or program for which the issuance of bonds
has been authorized pursuant to sections 22a-475 to 22a-483, inclusive, the Treasurer
may issue state grant anticipation notes in anticipation of the issuance of such a grant-in-aid or other assistance provided (1) the total amount of such notes shall not exceed
the amount of the grant commitment which has not been paid to the state and (2) all
grant payments with respect to such project or program received by the state, to the
extent required, shall be applied promptly toward repayment of such temporary notes
as the same shall become due and payable, or shall be deposited in trust for such purpose.
Notes evidencing such borrowings shall be signed by the manual or facsimile signature
of the Treasurer or his deputy. The principal of and interest on any state grant anticipation
notes issued pursuant to this subsection may be repaid from the proceeds of renewals
thereof, from grants-in-aid or other assistance pledged for the payment thereof, or from
the proceeds of a credit facility including, but not limited to, a letter of credit or policy
of bond insurance.

(h) Bonds, state bond anticipation notes and state grant anticipation notes issued
pursuant to sections 22a-475 to 22a-483, inclusive, are hereby made securities in which
public officers and public bodies of the state and its political subdivisions, all insurance
companies, credit unions, building and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest
funds, including capital in their control or belonging to them. Such bonds, state bond
anticipation notes and state grant anticipation notes are hereby made securities which
may properly and legally be deposited with and received by any state or municipal
officer or any agency or political subdivision of the state for any purpose for which the
deposit of bonds, state bond anticipation notes, state grant anticipation notes or other
obligations of the state is now or may hereafter be authorized by law.

(i) The proceedings under which bonds are authorized to be issued may, subject to
the provisions of the general statutes, contain any or all of the following: (1) Provisions
respecting custody of the proceeds from the sale of the bonds and any bond anticipation
notes, including any requirements that such proceeds be held separate from or not be
commingled with other funds of the state; (2) provisions for the investment and reinvestment of bond proceeds utilized to pay project costs and for the disposition of any excess
bond proceeds or investment earnings thereon; (3) provisions for the execution of reimbursement agreements or similar agreements in connection with credit facilities, including, but not limited to, letters of credit or policies of bond insurance, remarketing
agreements and agreements for the purpose of moderating interest rate fluctuations, and
of such other agreements entered into pursuant to section 3-20a; (4) provisions for the
collection, custody, investment, reinvestment and use of the pledged revenues or other
receipts, funds or moneys pledged therefor as provided in sections 22a-475 to 22a-483, inclusive; (5) provisions regarding the establishment and maintenance of reserves,
sinking funds and any other funds and accounts as shall be approved by the State Bond
Commission in such amounts as may be established by the State Bond Commission,
and the regulation and disposition thereof, or the establishment of a reserve fund of the
state into which may be deposited any moneys appropriated and made available by the
state for such fund, any proceeds of the sale of bonds or notes, to the extent provided
in the resolution of the state authorizing the issuance thereof, and any other moneys
which may be made available to the state for the purpose of such fund from any source
whatever and, in lieu of the deposit of any such moneys, evidence by the state of the
satisfaction of a federal matching requirement on the part of the state pursuant to the
federal Water Quality Act of 1987 or the federal Safe Drinking Water Act or other related
federal act, as applicable, including requirements that any such funds and accounts be
held separate from or not be commingled with other funds of the state; (6) covenants
for the establishment of pledged revenue coverage requirements for the bonds and state
bond anticipation notes; (7) provisions for the issuance of additional bonds on a parity
with bonds theretofore issued, including establishment of coverage requirements with
respect thereto as herein provided; (8) provisions regarding the rights and remedies
available in case of a default to bondowners, noteowners or any trustee under any contract, loan agreement, document, instrument or trust indenture, including the right to
appoint a trustee to represent their interests upon occurrence of an event of default, as
defined in said proceedings, provided that if any bonds or state bond anticipation notes
shall be secured by a trust indenture, the respective owners of such bonds or notes shall
have no authority except as set forth in such trust indenture to appoint a separate trustee
to represent them; (9) provisions for the payment of rebate amounts; and (10) provisions
or covenants of like or different character from the foregoing which are consistent with
sections 22a-475 to 22a-483, inclusive, and which the State Bond Commission determines in such proceedings are necessary, convenient or desirable in order to better secure
the bonds or state bond anticipation notes, or will tend to make the bonds or state bond
anticipation notes more marketable, and which are in the best interests of the state. Any
provision which may be included in proceedings authorizing the issuance of bonds
hereunder may be included in an indenture of trust duly approved in accordance with
sections 22a-475 to 22a-483, inclusive, which secures the bonds and any notes issued
in anticipation thereof, and in such case the provisions of such indenture shall be deemed
to be a part of such proceedings as though they were expressly included therein.

(j) Whether or not any bonds, state bond anticipation notes or state grant anticipation
notes issued pursuant to sections 22a-475 to 22a-483, inclusive, are of such form and
character as to be negotiable instruments under the terms of title 42a, such bonds, state
bond anticipation notes and state grant anticipation notes are hereby made negotiable
instruments within the meaning of and for all purposes of title 42a, subject only to the
provisions of such bonds, state bond anticipation notes and state grant anticipation notes
for registration.

(k) The state covenants with the purchasers and all subsequent owners and transferees of bonds, state bond anticipation notes and state grant anticipation notes issued by
the state pursuant to sections 22a-475 to 22a-483, inclusive, in consideration of the
acceptance of and payment for the bonds, state bond anticipation notes and state grant
anticipation notes, that such bonds, state bond anticipation notes and state grant anticipation notes shall be free at all times from taxes levied by any municipality or political
subdivision or special district having taxing powers of the state and the principal and
interest of any bonds, state bond anticipation notes and grant anticipation notes issued
under the provisions of sections 22a-475 to 22a-483, inclusive, their transfer and the
income therefrom, including revenues derived from the sale thereof, shall at all times
be free from taxation of every kind by the state of Connecticut or under its authority,
except for estate or succession taxes. The Treasurer is authorized to include this covenant
of the state in any agreement with the owner of any such bonds, state bond anticipation
notes or state grant anticipation notes.

(l) Pending the use and application of any bond proceeds, such proceeds may be
invested by, or at the direction of the State Treasurer, in obligations listed in section 3-20 or in investment agreements rated within the top rating categories of any nationally
recognized rating service or in investment agreements secured by obligations, of or
guaranteed by, the United States or agencies or instrumentalities of the United States.

(m) Any revenue bonds issued under the provisions of sections 22a-475 to 22a-483, inclusive, and at any time outstanding may, at any time and from time to time, be
refunded by the state by the issuance of its revenue refunding bonds in such amounts
as the State Bond Commission may deem necessary, but not to exceed an amount sufficient to refund the principal of the revenue bonds to be so refunded, to pay any unpaid
interest thereon and any premiums and commissions necessary to be paid in connection
therewith and to pay costs and expenses which the Treasurer may deem necessary or
advantageous in connection with the authorization, sale and issuance of refunding bonds.
Any such refunding may be effected whether the revenue bonds to be refunded shall
have matured or shall thereafter mature. All revenue refunding bonds issued hereunder
shall be payable solely from the revenues or other receipts, funds or moneys out of
which the revenue bonds to be refunded thereby are payable and shall be subject to and
may be secured in accordance with the provisions of this section.

(n) The Treasurer shall have power, out of any funds available therefor, to purchase
revenue bonds, state revenue bond anticipation notes and state revenue grant anticipation
notes of the state issued pursuant to sections 22a-475 to 22a-483, inclusive. The Treasurer may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance
with agreements with bondholders or noteholders, as applicable.

History: P.A. 87-405 increased the bond authorization from $40,000,000 to $80,000,000; P.A. 87-571 added Subsec.
(d) regarding issuance of bonds that are not general obligations of the state; P.A. 88-343 increased the bond authorization
to $120,000,000; P.A. 89-331 increased the bond authorization to $220,000,000 and provided that $25,000,000 of the
proceeds be deposited in the Long Island Sound account; P.A. 89-377 would have changed aggregate total in Subsec. (a)
from $120,000,000 to $145,000,000 but for precedence of P.A. 89-331, reiterated provision of P.A. 89-331 re addition of
$25,000,000 to the Long Island Sound clean-up account, provided that the obligations may, rather than shall, be general
obligations of the state and added Subdivs. (e) to (l), inclusive; P.A. 90-297 amended Subsec. (a) to increase the bond
authorization from $220,000,000 to $345,000,000, amended Subsec. (b) to increase the minimum deposit in the clean
water fund from $25,000,000 to $50,000,000, amended Subsec. (c) to require that requests for authorizations be signed
by the secretary of the office of policy and management rather than by the commissioner of environmental protection and
amended Subsec. (d) to limit revenue bonds to principal amounts not exceeding in the aggregate $100,000,000; June Sp.
Sess. 90-1 amended Subsec. (c) to include provisions regarding the issuance of general obligation bonds to meet the
matching requirements of federal law and to be delivered to the clean water fund, amended Subsec. (d) to clarify the status
and method of issuance of revenue bonds, amended Subsec. (h) to remove credit unions, building and loan associations
and investment companies from the list of possible investors, amended Subsec. (i)(3) to clarify the extent to which and
manner in which reserve funds could be used, amended Subsec. (k) to reword the provisions concerning state tax exemption
and added Subsec. (m), concerning revenue refunding bonds, and Subsec. (n), concerning repurchase of revenue obligations;
June Sp. Sess. P.A. 91-4, in Subsec. (a), increased the bond authorization from $345,000,000 to $395,000,000 and in
Subsec. (d), increased the bond authorization from $100,000,000 to $300,000,000; P.A. 92-113 amended Subsec. (c) to
provide that the rate determined by the treasurer shall be a taxable, rather than tax-exempt, rate; May Sp. Sess. P.A. 92-7
amended Subsec. (a) to increase the bond authorization from $395,000,000 to $425,000,000 and amended Subsec. (d) to
increase the bond authorization from $300,000,000 to $330,000,000; June Sp. Sess. P.A. 93-1 amended Subsec. (a) to
increase bond authorization to $558,870,000, provided $75,020,000 of said authorization shall be effective July 1, 1994,
amended Subsec. (d) to increase bond authorization from $320,000,000 to $475,400,000, provided $51,600,000 of said
authorization shall be effective July 1, 1994, and further amended Subsec. (c) to move provision re bond maturity and
amended Subsec. (d) to provide that bonds shall mature not more than 30 years from their dates and that expenses of
carrying out provisions may be paid from accrued interest and premiums or other sale proceeds, effective July 1, 1993;
May Sp. Sess. P.A. 94-2 in Subsec. (a) decreased bond authorization from $558,870,000 to $536,270,000 and in Subsec.
(d) decreased bond authorization from $475,400,000 to $466,900,000, effective July 1, 1994; P.A. 95-272 amended Subsec.
(a) to increase authorization amount from $536,270,000 to $576,330,000, effective July 1, 1995, provided $23,580,000 shall
be effective July 1, 1996, and amended Subsec. (d) to increase authorization amount from $466,900,000 to $633,300,000,
effective July 1, 1995, provided $41,000,000 shall be effective July 1, 1996; P.A. 96-181 amended Subsec. (c) and (i) to
add federal Safe Drinking Water Act or similar federal act, and amended Subsec. (e) to add provision re securing revenue
bonds issued to finance eligible drinking water projects, effective July 1, 1996; June 5 Sp. Sess. P.A. 97-1 amended Subsec.
(a) to increase bond authorization from $576,330,000 to $635,330,000 provided $14,000,000 of that authorization is
effective July 1, 1998, and amended Subsec. (d) to increase bond authorization from $633,300,000 to $867,900,000 provided $83,300,000 of that authorization is effective July 1, 1998, effective July 31, 1997; P.A. 98-124 amended Subsec.
(i)(3) to add agreements entered into pursuant to Sec. 3-20a, effective May 27, 1998; P.A. 98-259 amended Subsec. (a) to
decrease authorization from $635,330,000 to $621,330,000 and deleted proviso re use of $14,000,000, effective July 1,
1998; P.A. 99-241 amended Subsec. (a) to increase authorization from $621,330,000 to $717,830,000, effective July 1,
1999, provided $53,100,000 is effective July 1, 2000 and amended Subsec. (d) to increase authorization from $867,900,000
to $999,400,000, effective July 1, 1999, provided $66,900,000 is effective July 1, 2000; June Sp. Sess. P.A. 01-7 amended
Subsec. (a) to increase authorization from $717,830,000 to $797,830,000 provided $40,000,000 is effective July 1, 2002,
and amended Subsec. (d) to increase authorization from $999,400,000 to $1,238,400,000 provided $158,000,000 is effective July 1, 2002, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-5 amended Subsec. (a) to increase authorization from
$797,830,000 to $801,030,000 and to provide that $60,000,000 of said authorization shall be effective July 1, 2003, effective
July 1, 2002; May Sp. Sess. P.A. 04-1 amended Subsec. (a) to reduce aggregate authorization to $741,030,000 and deleted
provision re funds authorized in 2003, effective July 1, 2004; May Sp. Sess. P.A. 04-2 amended Subsec. (e) to provide
that pledges made by the state under Secs. 22a-475 to 22a-483, inclusive, are statutory and not subject to the Uniform
Commercial Code, effective May 12, 2004, and applicable to any pledge, lien or security interest of this state or any political
subdivision of this state, which was in existence on October 1, 2003, or created after October 1, 2003; June Sp. Sess.
P.A. 05-5 amended Subsec. (a) to increase the aggregate authorization from $741,030,000 to $781,030,000, of which
$20,000,000 is effective July 1, 2006, and amended Subsec. (d) to increase the aggregate authorization from $1,238,400,000
to $1,338,400,000, of which $100,000,000 is effective July 1, 2006, effective July 1, 2005; June Sp. Sess. P.A. 07-7
amended Subsec. (a) by increasing aggregate authorization from $781,030,000 to $961,030,000, of which $90,000,000 is
effective July 1, 2008, and amended Subsec. (d) by increasing aggregate authorization from $1,338,400,000 to
$1,753,400,000, of which $180,000,000 is effective July 1, 2008, effective November 2, 2007.

Sec. 22a-497. Municipal stormwater authority pilot program. Priority municipalities. Application. Selection criteria. Grants. (a) Not later than September 1, 2007,
the Commissioner of Environmental Protection shall establish a municipal stormwater
authority pilot program to provide grants to not more than four municipalities that border
Long Island Sound to enable such municipalities to establish stormwater authorities.
Municipalities satisfying the following criteria shall be given priority to participate in
the pilot program: A municipality that has a population of more than eighteen thousand
and less than eighteen thousand five hundred; a municipality that has a population of
more than twenty-six thousand and less than twenty-six thousand five hundred; a municipality that has a population of more than eighty-four thousand and less than eighty-four
thousand five hundred, and one municipality that has a population of more than one
hundred twenty-five thousand and less than one hundred twenty-five thousand five hundred. For the purposes of this section, "population" means the number of people according to the most recent version of the Connecticut Register and Manual.

(b) In order to be considered for such a grant, each eligible municipality shall submit
a grant application on forms prescribed by the commissioner not later than September
15, 2007. The commissioner may reject any grant application that the commissioner
determines to be incomplete. The municipality that submitted such rejected application
shall be given not more than fifteen days to correct the defects in such application. In
the event that a municipality given priority in accordance with subsection (a) of this
section is unable to correct such defects to the commissioner's satisfaction, the commissioner shall consider such municipality a nonpriority municipality, as described in subsection (c) of this section. Any municipality that fails to submit a timely application for
the grant shall be deemed to have waived such municipality's right to apply for the
grant.

(c) In the event that one or more of the municipalities given priority in accordance
with subsection (a) of this section waives its right to participate in such pilot program,
any municipality required to comply with the requirements of a permit issued pursuant
to section 22a-430 or 22a-430b for the discharge of stormwater from, or associated with,
a separate storm sewer system owned or operated by such municipality may apply to
the commissioner to participate in the pilot program in accordance with procedures
prescribed by the commissioner. Timely applications for such grants will be reviewed
in the order in which they were received to determine if such municipality meets the
selection criteria for nonpriority municipalities. Such selection criteria shall include,
but not be limited to: (1) The proximity of the municipality to Long Island Sound or
other major river or water body, and (2) whether the inclusion of such municipality will
result, in the aggregate of all participating municipalities, in a diverse representation of
urban and suburban areas. For the purpose of this section, "separate storm sewer system"
means a conveyance for stormwater, including, but not limited to, roads with drainage
systems, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains
that discharge into the waters of the state.

(d) Each municipality selected by the commissioner to participate in such pilot
program shall submit a stormwater management program for the commissioner's approval. Such program shall include an estimate of the operational and capital expenses
and income required to financially support implementation of the plan over a five-year
period, and other such elements as the commissioner may prescribe in accordance with
the purposes specified in section 22a-498.

(e) Notwithstanding the provisions of sections 22a-475 to 22a-483, inclusive, the
Commissioner of Environmental Protection may provide grants that in the aggregate
do not exceed one million dollars, from any account in the Clean Water Fund established
under section 22a-477, to the extent that bond funds are available, to municipalities
participating in the pilot program established pursuant to sections 22a-497 to 22a-499,
inclusive, for reimbursement of not more than eighty per cent of the costs incurred by
said municipalities related to the planning, engineering and legal costs associated with
the establishment of an approved stormwater authority and the development of a
stormwater program pursuant to sections 22a-497 to 22a-499, inclusive. Any costs associated with the application for participation in the pilot program shall not be eligible for
reimbursement. The commissioner shall be reimbursed from the Clean Water Fund for
the reasonable costs of administering such grant program.

Sec. 22a-498. Creation of stormwater authority. Members. Purposes. Powers.
(a) Any municipality selected by the commissioner to participate in the pilot program
established pursuant to section 22a-497 may, by ordinance adopted by its legislative
body, designate any existing board or commission or establish a new board or commission as the stormwater authority for such municipality. If a new board or commission
is created, such municipality shall, by ordinance, determine the number of members
thereof, their compensation, if any, whether such members shall be elected or appointed,
the method of their appointment, if appointed, and removal and their terms of office,
which shall be so arranged that not more than one-half of such terms shall expire within
any one year.

(b) The purposes of the stormwater authority shall be to: (1) Develop a stormwater
management program, including, but not limited to, (A) a program for construction
and post-construction site stormwater runoff control, including control detention and
prevention of stormwater runoff from development sites; or (B) a program for control
and abatement of stormwater pollution from existing land uses, and the detection and
elimination of connections to the stormwater system that threaten the public health,
welfare or the environment; (2) provide public education and outreach in the municipality relating to stormwater management activities and to establish procedures for public
participation; (3) provide for the administration of the stormwater management program;
(4) establish geographic boundaries of the stormwater authority district; and (5) recommend to the legislative body of the municipality in which such district is located the
imposition of a levy upon the taxable interests in real property within such district, the
revenues from which may be used in carrying out any of the powers of such district. In
accomplishing the purposes of this section, the stormwater authority may plan, layout,
acquire, construct, reconstruct, repair, maintain, supervise and manage stormwater control systems.

(c) Any stormwater authority created by a municipality pursuant to subsection (a)
of this section may levy fees from property owners of the municipality for the purposes
described in subsection (b) of this section. In establishing fees for any property in its
district, the stormwater authority may consider criteria, including, but not limited to,
the following: The area of the property containing impervious surfaces from which
stormwater runoff is generated, land use types that result in higher concentrations of
stormwater pollution and the grand list valuation of the property. The stormwater authority may reduce or defer such fees for land classified as, or consisting of, farm, forest or
open space land.

(d) The authority may adopt municipal regulations to implement the stormwater
management program.

(e) The authority may, subject to the commissioner's approval, enter into contracts
with any municipal or regional entity to accomplish the purposes of this section.

Sec. 22a-499. Joint report re pilot program. On or before February 11, 2008,
the municipalities participating in the pilot program established in section 22a-497 shall
submit a joint report in accordance with the provisions of section 11-4a to the joint
standing committee of the General Assembly having cognizance of matters relating to
the environment on the status of the pilot program. Such report shall include, but not
be limited to: (1) The municipalities' recommendation on whether further legislation is
necessary to grant stormwater authorities the additional powers to issue bonds, notes or
other evidences of debt, (2) a map showing the geographic boundaries of the stormwater
authority district, (3) information concerning the purpose and amount of any assessments
recommended to fund the municipal stormwater authority, and (4) any other information
that the commissioner requests pursuant to the grant agreement entered into between
the commissioner and the municipality in accordance with section 22a-498.

(1) "Authority" means a regional water pollution authority created under the provisions of this section or any entity which is a successor of an authority;

(2) "Bonds" means any bonds, notes and other obligations issued by an authority
pursuant to the provisions of section 22a-507 and any bonds issued to refund such bonds;

(3) "Cost" or "costs" as applied to any system means the cost of acquisition or
construction, the cost of any subsequent additions or expansion of a wastewater system,
the cost of the acquisition of all land and interests in land including rights-of-way,
easements and other property rights acquired by the authority for such construction,
addition or expansion, the cost of demolition or removal of any building or structure on
land so acquired, including the cost of acquiring any lands to which such building or
structures may be moved, the cost of dredging and filling underwater areas, all equipment, financing, insurance, interest, administrative and operating costs incurred prior
to and during such construction of any addition or expansion, and, if deemed advisable by
the authority, for a period not exceeding one year after completion of such construction,
addition or expansion, any survey, engineering, architectural, legal, administrative, operating, research, development, operating capital and other such costs or expenses of
the authority as may be necessary or incidental to the construction of the wastewater
system and any component of any wastewater system, and of such subsequent addition
or expansion, and the cost of financing such construction, addition or expansion and
placing the project and such additions or expansion in operation;

(4) "Constituent municipality" means one of two or more municipalities which have
adopted the provisions of this section and sections 22a-501 to 22a-519, inclusive, and
which have created an authority by concurrent ordinances of their legislative bodies;

(5) "Municipality" means any town, city, borough, consolidated town and city or
consolidated town and borough;

(6) "Sewage" shall be as defined in section 22a-423; and

(7) "Wastewater system" means any device, equipment, appurtenance, plant facility
and method for receiving, collecting, transporting, reducing, treating, reclaiming, disposing, separating or discharging sewage, or the residue from the treatment of sewage,
including any component of any of the foregoing, which the authority is authorized
to acquire, plan, design, construct, manage, operate, maintain and finance under the
provisions of this section and sections 22a-501 to 22a-519, inclusive, and which the
authority may establish as its wastewater system pursuant to the provisions of this section
and sections 22a-501 to 22a-519, inclusive, including any interest in real estate and
improvements thereto and the extension or provision of utilities and other appurtenant
facilities and projects deemed necessary or desirable by the authority for the purpose
of establishing and operating wastewater management and water pollution control services.

(b) Notwithstanding the provisions of any special act or municipal charter, any two
or more municipalities may, by concurrent ordinances of their legislative bodies, adopt
and exercise the powers granted to a municipality by the provisions of this section and
sections 22a-501 to 22a-519, inclusive, and designate any existing board, commission
or agency, or create a new board, commission, agency or regional authority to be designated, as its regional authority and thereupon be a constituent municipality of such
authority. Such ordinance shall contain a brief statement of the purpose of the authority
and shall set forth the article or incorporation of the authority as follows: (1) The name
of the authority and address of its principal office; (2) a statement that the authority is
created an authority under this section; and (3) the names, addresses and terms of office
of the first directors of the authority.

(c) The constituent municipalities of any authority shall, by concurrent ordinances,
determine the number of directors thereof, the number of votes to be cast by each director,
the method of determining the directors' compensation, if any, the method of their
appointment and removal and their terms of office, which shall be so arranged that not
more than one-half of such terms shall expire within any one year. The constituent
municipalities shall prepare and submit a preliminary plan of operation for an authority
which they propose to form to the Commissioner of Environmental Protection and the
State Treasurer for their review and approval in accordance with this section. Each plan
of operation shall include the procedure by which bonds of such authority shall be
approved. The Commissioner of Environmental Protection shall review and may approve any preliminary plan of operation, after consultation with the Secretary of the
Office of Policy and Management, if he finds that such plan of operations is in furtherance of the environmental protection laws of the state. The State Treasurer shall review
and may approve any preliminary plan of operation if he finds a wastewater system
undertaken by an authority operating under such plan of operation is eligible to apply
for financing under sections 22a-477 to 22a-483, inclusive. Upon the adoption of such
ordinances by the legislative bodies of each constituent municipality designating or
creating an authority under this section, and the approval of a preliminary plan of operation for such authority by the Commissioner of Environmental Protection and the State
Treasurer, the authority created thereby shall constitute a public body politic and corporate of the state, and a political subdivision of the state established and created for
the performance of an essential public and governmental function. Any rejection of a
preliminary plan of operation shall not preclude the submission of a revised plan. The
approval of the preliminary plan of operation by the Commissioner of Environmental
Protection and the Treasurer in accordance with this section shall constitute conclusive
evidence of the state's approval of the creation of an authority under this section. An
authority shall not change the procedure for approving the issuance of its bonds as
prescribed by its plan of operations without the approval of each constituent municipality, the Commissioner of Environmental Protection and the State Treasurer.

(d) By ordinance of its legislative body, or by such other body as permitted by
section 7-157, any municipality may become a member of an authority upon such terms
and conditions as the authority may determine and thereupon be a constituent municipality of such authority.

(e) Any constituent municipality may elect to withdraw from such authority by the
adoption of an ordinance by its legislative body or such other authority as permitted by
section 7-157. Such withdrawal shall be effective only after compliance with the terms
and conditions contained in any contracts between such constituent municipality and
the authority or the holders of any bonds of the authority. No such withdrawal shall
relieve such constituent municipality of any liability, responsibility or obligation incurred by it as a member of the authority or as a user of any of its wastewater system.

(f) Any authority and its corporate existence shall continue until terminated by law
or the withdrawal of one of the last two constituent municipalities of such authority,
provided no such law shall take effect as long as the authority shall have bonds, notes
or other obligations outstanding unless adequate provision has been made for the payment or satisfaction of such obligations. Upon termination of the existence of the authority, all of the rights and properties of the authority then remaining shall pass to and vest
in the constituent municipality in which it is located unless otherwise provided in an
agreement of the authority and except as otherwise may be specified in such law.

(b) The initial project undertaken by a new authority shall receive (1) a grant of
twenty-five per cent of the cost of the project, unless such project is a combined sewer
project, in which case a new authority shall receive a grant of fifty-five per cent of the cost
of the project. In either case such cost shall be the cost the United States Environmental
Protection Agency uses in making grants pursuant to Part 35 of the federal Construction
Grant Regulations Act and Titles II and VI of the federal Water Pollution Control Act,
as amended; and (2) a loan for the remainder of the costs of the project, not exceeding
one hundred per cent of the eligible water quality project costs. All loans made in accordance with the provisions of this section shall bear an interest rate of two per cent per
annum. The Commissioner of Environmental Protection may allow any project fund
obligation to be repaid by a borrowing authority prior to maturity without penalty.